BARBARA Malimali has rejected suggestions that the Commission of Inquiry into her appointment as FICAC Commissioner could have been avoided had she stepped aside before accepting the job – despite a recent High Court ruling that questioned the appropriateness of her appointment.
She remains convinced she did nothing wrong and opened up to this newspaper yesterday about criticism of her conduct in an incident in Tuvalu 10 years ago.
While Justice Dane Tuiqereqere found significant legal and procedural problems with the COI and quashed its findings, he said the inquiry itself had served a useful process and its report contained valid concerns about the appointment process.
He said it would not have been appropriate for Ms Malimali to serve as FICAC Commissioner while a FICAC investigation involving her was still live, as well as circumstances surrounding an “incident in Tuvalu”.
Ms Malimali, however, said the allegations against her were unfounded and that she was targeted by people who did not want her in the FICAC position.
“Well, everyone just turned around and made it about Tuvalu,” she said.
“In fact, it was disclosed.
“I was never disciplined in Tuvalu. I was never disciplined here about it. No one lodged a complaint here.
“In fact, my practising certificate applications — you know, year after year — I’d throw in a paragraph or a sentence in there about Tuvalu.
“Gosh, getting drunk on a beach is a crime? Then you, my friend, and almost everybody in this country would be unfit for public office.
“Okay, I’m no saint, but how does that disqualify me from holding public office?”
Ms Malimali said she had always believed the controversy was driven by competing interests and maintained that she was not the person some wanted to lead FICAC
“I think a lot of my critics, a lot of these politicians, a lot of these people mouthing off in Parliament and everywhere else, they have parliamentary immunity.
“So while they’re speaking, they’re in the precincts of Parliament. They can say whatever they want and get away with it.
“I dare them to say it outside of parliamentary precincts and see where they go and how far they get.
“Yeah, I think they should all stop and think about what they’re saying.
“You know, one thing they’ve all forgotten and continue to forget is that I’m still a damn good criminal lawyer.
“I am still a very good criminal lawyer, and no matter what they say and what they think, I’m pretty sure if (politicians), if their close relatives got into trouble and needed a really good lawyer, my name would be up there, along with a few other colleagues, to defend their family members.
“So let’s not get carried away by the fanfare and the point-scoring.
“So, to you members of Parliament, to you politicians or aspiring members of Parliament, I’m a voter too, and I also have a voice.
“Don’t let me use my voice to speak against you.”
